Civil Procedure Code, 1908, Order 21 -- Decree passed in terms of compromise - Terms and conditions of settlement-cum-decree violated - Execution as well as contempt proceedings - Maintainable - Not correct that law does not permit continuation of both proceedings and must elect either proceeding - Contempt proceedings and execution proceedings - Two independent..........
Civil Procedure Code, 1908, Section 47, 34, Order 34, Rule 11 -- Execution of decree for recovery of Bank loan - Objection that loan raised for purchase of tractor, a loan for agricultural purpose, Court could not grant interest at the rate of 12.5% per annum and in view of Section 34 interest could be granted only at the rate of 6% per annum from date of decree - Not..........
Civil Procedure Code, 1908, Section 58(1) -- While directing arrest, Court has to fix the period for which the J.D. should be kept under detention - However, order of arrest otherwise sustainable cannot be set aside merely on the ground of such non-mention of period of detention - Court has inherent power under Section 151 to rectify such a mistake committed...........
Civil Procedure Code, 1908, Section 100, 151 -- Counsel stated that appellant willing to deposit amount towards arrears of rent within two months - Amount never deposited - Application under Section 151 for withdrawing statement made by counsel as irresponsible or erroneous and no such amount involved in the case - Having given statement before the Court to deposit the..........
Adverse possession -- Burden of proof heavily placed on plaintiff - Not an iota of evidence with regard to adverse possession so much so even plaintiff never stated in examination that possession adverse and hostile to the knowledge of true owner - Concurrent finding of Courts below not in any way suffering from error of jurisdiction or that the approach palpably wrong -..........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 1, 2 - - Revision directly against order under Order 39 Rules 1 and 2 - Not maintainable - Order appealable under Order 43 Rule 1(r) - Plea that revision maintainable as appeal against order under Order 39 Rules 1 and 2 lies to District Judge and not to High Court - Not tenable in..........
Civil Procedure Code, 1908, Section 144 -- Decree for restitution under Section 144 CPC indivisible - Such decree cannot be interfered with unless all the parties in whose favour such decree was passed are before the Supreme Court in appeal...........
Punjab Village Common Lands (Regulation) Act, Section 13,2(c),2(g) -- as in Haryana State - Suit in Civil Court for permanent injunction against Sarpanch and others restraining them from constructing a Gali through Sehan of property of plaintiff - Interim injunction granted to maintain status quo - Objection that jurisdiction of Civil Court barred under Section 13 - Not..........
Civil Procedure Code,, Section 9 -- Plea that in a case where question of jurisdiction is raised Court should not grant interim injunction - Not tenable in view of Supreme Court decision in Tayabbhai M. Bagasarwalla's case 1997 (3) SCC 443 - Court has jurisdiction to pass interim orders during pendency of proceedings - Mere objection to jurisdiction - Does not instantly..........
Civil Procedure Code -- Rebuttal evidence - Onus of issue on a particular party - That party has no right to lead evidence in rebuttal - Evidence Act, Section 135...........
